LABOUR RELATIONS |
Canadian Auto Workers, Local 2213 v. National Automobile, Aerospace, Transportation and General Workers' Union of Canada (CAW-Canada)
A-261-03, A-36-04
2004 FCA 348, Linden J.A.
22/10/04
16 pp.
Judicial review of Canada Industrial Relations Board decision dated May 14, 2003 (incorporation decision) incorporating award made by arbitrator on September 25, 2001, and of decision dated December 24, 2003 (reconsideration decision) dismissing applicant's request to quash incorporation decision--In 2000, Air Canada (AC) purchased Canadian Airlines International Ltd. (CAIL), merged two companies--AC's sales, service employees represented by applicant union (Local 2213); CAIL's sales, service employees represented by respondent union (Local 1990)--In September 2000, AC, CAIL found to comprise single employer--In January 2001, Board placed sales, service employees from Locals 1990, 2213 in new bargaining unit represented by Local 2213--Local 1990 agreed to adopt most of Local 2213's collective agreement with AC, but paragraph dealing with seniority controversial--Parties agreed to submit matter to arbitrator, whose decision to be incorporated into order of Board--Arbitrator decided to dovetail (integrate seniority so that affected employees bring seniority with them) customer service employees of both groups on basis dovetailing norm in industry, fair in all circumstances--That decision incorporated as previously agreed--Review of incorporation decision, arbitrator's award, depending on review of reconsideration decision--Basic principle that seniority integrations be fair, equitable, consistent with productive, sound labour relations, take into consideration particular facts of situation--Here, arbitration interest-based, no automatic approach or preferred formula--Arbitrator, Board did not err in using flexible approach rather than applying specific principles--Arbitrator's failure to set date for integrating seniority lists not error--Such date not necessary as seniority dovetailed according to individual's seniority date, not affected by date of integration--Board not erring in assessment of impact of dovetailing on Local 2213-- Board aware of conflicting evidence, found impact not unacceptable--That finding not clearly irrational-- Reconsideration decision not patently unreasonable-- Applications dismissed.